Business visa vs fiancée visa to enter us for visit?

[perfect 39]

Sister of a friend has fiancée in Europe who has his consulate interview next week. They set a wedding date for August but he wants to come here for 3 months the week after his interview (March). I reminded her that the k1 is a single entry visa and that won't work if they are getting married in August. She then says he has a visitor visa and will use that instead.

Can he tell CBP on arrival at LAX in March which visa he wants to use for that entry or do they decide for him....ie could he potentially be screwed for an August wedding if CBP decides to activate the K1 on entry in March? Does he have any say in it at all?

[canadian_wife 1,822]

It is possible his tourist visa will be cancelled at the time of the interview.

I've only seen people being able to enter as tourists after a K-1 issuance if they are Canadian crossing at a land border

good luck

[Ilovemyman 147]

Once he get k1 visa all others visas are canceled.

So if he go to usa with the k1 stamped on his passport he will using his k1, he cant go back home unleast that he doesnt want marry her.

Anyway if his interview is next week and he is approved he has 6 months to enter to usa.

So he can wait to enter to usa ntil june or july in that way he can marry on august.

But if he enter on april then he needs to get marry on july.

The 90 days to get marry start when he enter to usa.

His visitor visa will be canceled once he get k1.

[Elizabeth+Fred 35]

As already stated here.... NO, he can't do that.

Once the Consulate issues the K-1 visa, all other exisiting visas are automatically

cancelled in their system. Even if you have visas in your passport, they will no longer

be valid. Period.

So, after his interview (which, in Europe, usually means after approval/issuance) if

he goes to visit the U.S., they will **automatically** use the K-1 visa- see above why.

The CBP officer has no control over (or say in) that.

Since "using" the K-1 means it's automatically cancelled ("used up"), he'd have to

marry within 90 days of that date. Probably not what he wants, given the set date

in August...

Good luck on the interview, let's hope it works out!

[perfect 39]

Thanks...that's exactly what I told her but she said he asked at the embassy and they said he would be able to use his business visa! I told her that CBP is a different entity than the consulate and ultimately who determines entry to he US. Hope she listens, otherwise they will get a nasty surprise!

[Nich-Nick 3,354]

He should postpone his interview and go visit. Then get the K1 visa when he returns.

Or postpone his visit until the planned wedding fits the 90 day schedule. May?